RANCHI, India, Sept. 28 -- Jharkhand High Court issued the following order on Aug. 28:

I.A. No. 8482 of 2024

1. For the reasons stated in this Interlocutory Application, which is duly supported by an affidavit filed by the appellant, we find sufficient cause to condone the delay of 28 days that has crept up in filing the Appeal.

2. Accordingly, the aforesaid delay is condoned. This Interlocutory Application stands disposed of.

L.P.A. No. 605 of 2023

3. With the consent of the parties, the appeal is taken up for final hearing.

4. The appellant herein approached the writ Court seeking a direction therein against the respondents for restraining them from interfering in her possession over the land pertaining to Plot Nos. 606 and 607, Jamabandi No. 22, Mouza- Saharkol No. 21, District Pakur and with a further prayer to restore the proceedings in Land Acquisition Case No. 3 of 2007-2008. As a matter of fact, the petitioner was mainly aggrieved by an order dated 24th September, 2020 passed by the District Land Acquisition Officer, Pakur whereby and whereunder the objection filed by her had been held to be time barred under Section 5A of the Land Acquisition Act, 1894.

5. It was the case of the petitioner that the District Land Acquisition Officer initiated proceeding for acquisition of land in District Municipal Area for proposed shop in Hatia by Land Acquisition Case No. 3 of 2007- 08. The appellant was not aware of the said proceedings as she was not served with the notice. The final Award was prepared in 2011 behind the back and without knowledge of the appellant. It was only when the respondents started demarcating the land in 2020, that the appellant came to know about acquisition of the land. It was the further case of the appellant that since she had neither been paid the compensation nor she was dispossessed from the land therefore, the land acquisition proceedings under the Land Acquisition Act, 1894 had lapsed and accordingly, the respondents were required to initiate fresh proceedings, albeit, under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short "2013 Act").

It was the specific case of the respondents State that after acquisition of the land, the said plot had already been allotted to respondent No. 5-Municipal Corporation that too after completing the due process under Sections 4, 6, 11 and 12 and only thereafter their possession had been delivered under Section 16 of the Land Acquisition Act, 1894. It was the further case of the State that notices for acquisition were duly served upon the appellant as would be evident from AnnexureG and H appended with the reply. It was averred that the process of land acquisition was initiated vide letter No. 96 dated 12.02.2007 with respect to 11.56 acres of land of the village. Preliminary and final notifications were published in terms of Sections 4 and 6 of the Act in the Official Gazette on 31.05.2007 and in the daily newspaper on 26.05.2007 and 20.06.2007 respectively and objections were also received from the objectors. It was further averred that the compensation award had been assessed and final order had been passed on 05.05.2008 though it was a different matter that the appellant had not received the award amount although the same had been deposited in the Treasury.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=tuqye3PhFs%2BBDn75ghiOpL1ILOBJLfhE0iEPBGttMEQA9C5%2BFSQzZF3O9fzQRE7%2F&caseno=LPA/605/2023&cCode=1&cino=JHHC010381272023&state_code=7&appFlag=)

Disclaimer: Curated by HT Syndication.